International Economic Law and Policy Blog

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Simon Lester

The Tuna/Dolphin NAFTA Panel Request

As discussed here, here, here and here, Mexico and the United States disagree on the proper forum for the current tuna/dolphin dispute. Mexico thinks the WTO is the right forum; the United States thinks the dispute should be removed to NAFTA. The dispute is proceeding at the WTO (for

Internet Gambling Bans and the Dormant Commerce Clause

One of the lingering questions for me after the U.S. - Gambling WTO dispute was how a pure internet gambling ban would be treated under WTO rules. The measures at issue in U.S. - Gambling had some pretty clear discriminatory aspects. What if the U.S. measures had

More on Export Contingency and China Currency Issues

We had a good discussion here about the proper approach to determining export contingency in relation to Chinese currency issues. In the comments on the linked post, anon99 said this: Exporters don't have to export to get the "extra RMB". They could, for example, make overseas

China-Japan Trade Tensions

From the NY Times: Sharply raising the stakes in a dispute over Japan’s detention of a Chinese fishing trawler captain, the Chinese government has blocked exports to Japan of a crucial category of minerals used in products like hybrid cars, wind turbines and guided missiles. Chinese customs officials are

The Two U.S. Complaints Against China

The two recent U.S. WTO complaints against China are here: China - Electronic Payment Services (DS413)China - AD/CVDs on Electrical Steel (DS414)President Obama had this to say on the issue of trade complaints against China in reponse to a question yesterday at a town hall: MR.

U.S. Labeling of Genetically Modified Salmon

First liquor labeling, now salmon labeling (and next up, cigarette labeling). This is from Jonathan Adler at the Volokh Conspiracy: The Food and Drug Administration is considering whether to approve genetically modified salmon for human consumption. Aquabounty Technologies has submitted its “AquAdvantage” salmon, an Atlantic salmon genetically engineered to mature

Environmental Taxes on Long Haul Airline Travel

In the comments, graduate student Kimani Goddard asks: I am interested in the issue of green taxes on long haul travel being instituted by the British Gov't. It will disproportionately affect the Caribbean islands. I would like to ask what do your readers think of what amounts to

DS412: Local Content Requirements for Renewable Energy

Here's the latest WTO complaint, Canada - Certain Measures Affecting the Renewable Energy Generation Sector (DS412). It is yet another trade and clean energy dispute, which seem to be proliferating these days. From the consultations request: The measures that are the subject of this request are those taken

Thai Liquor Labeling and Trade Rules

From the W$J: Alcohol companies world-wide are lining up to fight a Thai plan to require graphic warning labels about alcohol on the country's domestic and imported beer, wine and liquor bottles. The proposed labels—which would cover 30% of the bottles' surface area—include unusually

GATT Article XX and Non-Violation

Wrapping up the series of posts on GATT Article XX, let me ask this: Can GATT Article XX be a defense to an Article XXIII:1(b) non-violation claim? The "exception" language in Article XX is pretty broad: "nothing in this Agreement shall be construed to prevent